Western District of Washington • 2:25-cv-00871

Cardozo v. Bostock

Completed

Case Information

Filed: May 08, 2025
Assigned to: Tiffany M. Cartwright
Referred to: Brian A. Tsuchida
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federal)
Completed: September 08, 2025
Last Activity: February 05, 2026
Parties: View All Parties →

Docket Entries

#1
May 08, 2025
PETITION for Writ of Habeas Corpus PURSUANT TO 28 U.S.C. § 2241 (Receipt # AWAWDC-8968365) filed by Relson Fernandes, Yassine Belhaj, Mouloud Ben Khadaj, Jesus Bento Cardozo, Marouane Boulhjar. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Drew Bostock, # 3 Summons Kristi Noem, # 4 Summons U.S. Department of Homeland Security, # 5 Summons Pamela Bondi, # 6 Summons Bruce Scott, # 7 Summons U.S. Attorney's Office)(Korthuis, Aaron) (Entered: 05/08/2025)
Main Document: Petition for Writ of Habeas Corpus
#2
May 08, 2025
DECLARATION of Jesus Bento Cardozo re 1 Petition for Writ of Habeas Corpus, by All Plaintiffs (Korthuis, Aaron) (Entered: 05/08/2025)
Main Document: Declaration (non motion)
#3
May 08, 2025
DECLARATION of Relson Fernandes re 1 Petition for Writ of Habeas Corpus, by All Plaintiffs (Korthuis, Aaron) (Entered: 05/08/2025)
Main Document: Declaration (non motion)
#4
May 08, 2025
DECLARATION of Yassine Belhaj re 1 Petition for Writ of Habeas Corpus, by All Plaintiffs (Korthuis, Aaron) (Entered: 05/08/2025)
Main Document: Declaration (non motion)
#5
May 08, 2025
DECLARATION of Marouane Boulhjar re 1 Petition for Writ of Habeas Corpus, by All Plaintiffs (Korthuis, Aaron) (Entered: 05/08/2025)
Main Document: Declaration (non motion)
#6
May 08, 2025
DECLARATION of Mouloud Ben Khadaj re 1 Petition for Writ of Habeas Corpus, by All Plaintiffs (Korthuis, Aaron) (Entered: 05/08/2025)
Main Document: Declaration (non motion)
May 09, 2025
NOTICE TO FILER: ***Case Terminated-Incorrect Division*** Civil case number 3:25-cv-5394 has been terminated. The incorrect divisional office was selected by the filer upon case opening. This case has now been assigned a Seattle case number. All future filings shall bear the following case number and Judge assignment: 2:25-cv-871-TMC-BAT. Before initiating a new case, please review the Attorney Case Opening Guide (PDF) to determine the correct divisional jurisdiction. (MW)
May 09, 2025
Notice to Filer
#7
May 13, 2025
Summons(es) Electronically Issued as to defendant(s) Pamela Bondi, Drew Bostock, Kristi Noem, Bruce Scott, U.S. Department of Homeland Security. (MW) (Entered: 05/13/2025)
Main Document: Summons Issued
#8
May 27, 2025
AFFIDAVIT of Mailing of Summons and Complaint to Drew Bostock; Bruce Scott; Kristi Noem; Pamela Bondi; U.S. Department of Homeland Security; U.S. Attorney's Office on 5/16/2025, filed by All Plaintiffs. (Attachments: # 1 Exhibit USPS Confirmation of Certified Mail Delivery)(Adams, Matt) (Entered: 05/27/2025)
Main Document: Affidavit of Service of Summons & Complaint
#9
May 27, 2025
ORDER FOR RETURN AND STATUS REPORT by Hon. Brian A Tsuchida. On or before June 27, 2025, respondent(s) shall file a return and status report (RSR) as provided in 28 U.S.C. § 2243, explaining why the Court should not grant petitioners petition. As a part of such return, respondent(s) shall submit a memorandum of authorities in support of their position and state whether an evidentiary hearing is necessary. Status Report due by 6/27/2025, (CR) (Entered: 05/28/2025)
Main Document: Status Report Order
#10
Jun 27, 2025
NOTICE of Appearance by attorney Michelle R. Lambert on behalf of Respondents Pamela Bondi, Drew Bostock, Kristi Noem, United States Department of Homeland Security. (Lambert, Michelle) (Entered: 06/27/2025)
Main Document: Notice of Appearance
#11
Jun 27, 2025
MOTION to Dismiss and Federal Respondents Return, filed by Respondents Pamela Bondi, Drew Bostock, Kristi Noem, United States Department of Homeland Security. (Attachments: # 1 Proposed Order) Noting Date 7/25/2025, (Lambert, Michelle) (Entered: 06/27/2025)
Main Document: Dismiss
#12
Jun 27, 2025
DECLARATION of Omar Carbajal filed by Respondents Pamela Bondi, Drew Bostock, Kristi Noem, United States Department of Homeland Security re 11 MOTION to Dismiss and Federal Respondents Return (Lambert, Michelle) (Entered: 06/27/2025)
Main Document: Declaration
#13
Jun 27, 2025
DECLARATION of Parker Bell filed by Respondents Pamela Bondi, Drew Bostock, Kristi Noem, United States Department of Homeland Security re 11 MOTION to Dismiss and Federal Respondents Return (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Lambert, Michelle) (Entered: 06/27/2025)
Main Document: Declaration
#14
Jun 27, 2025
DECLARATION of Michelle R. Lambert filed by Respondents Pamela Bondi, Drew Bostock, Kristi Noem, United States Department of Homeland Security re 11 MOTION to Dismiss and Federal Respondents Return (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Lambert, Michelle) (Entered: 06/27/2025)
Main Document: Declaration
#15
Jul 02, 2025
NOTICE of Supplemental Facts re 11 MOTION to Dismiss and Federal Respondents Return ; filed by Respondents Pamela Bondi, Drew Bostock, Kristi Noem, United States Department of Homeland Security. (Lambert, Michelle) (Entered: 07/02/2025)
Main Document: Notice-Other
#16
Jul 02, 2025
DECLARATION of Omar Carbajal filed by Respondents Pamela Bondi, Drew Bostock, Kristi Noem, United States Department of Homeland Security re 11 MOTION to Dismiss and Federal Respondents Return (Lambert, Michelle) (Entered: 07/02/2025)
Main Document: Declaration
#17
Jul 02, 2025
DECLARATION of Michelle R. Lambert (Supplemental) filed by Respondents Pamela Bondi, Drew Bostock, Kristi Noem, United States Department of Homeland Security re 11 MOTION to Dismiss and Federal Respondents Return (Attachments: # 1 Exhibit O)(Lambert, Michelle) (Entered: 07/02/2025)
Main Document: Declaration
#18
Jul 18, 2025
RESPONSE, by All Plaintiffs, to 11 MOTION to Dismiss and Federal Respondents Return. Oral Argument Requested. (Korthuis, Aaron) (Entered: 07/18/2025)
Main Document: Response to Motion
#19
Jul 18, 2025
Supplemental DECLARATION of Relson Fernandes filed by All Plaintiffs re 11 MOTION to Dismiss and Federal Respondents Return (Korthuis, Aaron) (Entered: 07/18/2025)
Main Document: Declaration
#20
Jul 18, 2025
DECLARATION of Sanjay Bhananker filed by All Plaintiffs re 11 MOTION to Dismiss and Federal Respondents Return (Korthuis, Aaron) (Entered: 07/18/2025)
Main Document: Declaration
#21
Jul 18, 2025
DECLARATION of Zakaria Imortaji filed by All Plaintiffs re 11 MOTION to Dismiss and Federal Respondents Return (Korthuis, Aaron) (Entered: 07/18/2025)
Main Document: Declaration
#22
Jul 18, 2025
DECLARATION of Glenda M. Aldana Madrid filed by All Plaintiffs re 11 MOTION to Dismiss and Federal Respondents Return (Attachments: # 1 Exhibit A)(Korthuis, Aaron) (Entered: 07/18/2025)
Main Document: Declaration
#23
Jul 25, 2025
REPLY, filed by Respondents Pamela Bondi, Drew Bostock, Kristi Noem, United States Department of Homeland Security, TO RESPONSE to 11 MOTION to Dismiss and Federal Respondents Return (Lambert, Michelle) (Entered: 07/25/2025)
Main Document: Reply to Response to Motion
#24
Jul 25, 2025
Second DECLARATION of Michelle R. Lambert filed by Respondents Pamela Bondi, Drew Bostock, Kristi Noem, United States Department of Homeland Security re 11 MOTION to Dismiss and Federal Respondents Return (Attachments: # 1 Exhibit P, # 2 Exhibit Q)(Lambert, Michelle) (Entered: 07/25/2025)
Main Document: Declaration
#25
Jul 29, 2025
REPORT AND RECOMMENDATION re 1 Petition for Writ of Habeas Corpus. Objections to R&R due by 8/12/2025. The Clerk shall note the matter for 8/15/2025, as ready for the District Judge's consideration if no objection is filed. Signed by Hon. Brian A Tsuchida. (Attachments: # 1 Proposed Order, # 2 Proposed Judgment) (APH) (Entered: 07/29/2025)
Main Document: Report and Recommendation
Jul 30, 2025
Add and Terminate Judges
Jul 30, 2025
Hon. Brian A Tsuchida no longer assigned to case per the filing of 25 Report and Recommendation. (APH)
#26
Aug 12, 2025
OBJECTIONS by All Plaintiffs to 25 Report and Recommendations,. Noting Date 8/26/2025, (Korthuis, Aaron) (Entered: 08/12/2025)
Main Document: Objections to Report and Recommendation
#27
Aug 25, 2025
RESPONSE to 26 OBJECTIONS by All Plaintiffs to 25 Report and Recommendations,. filed by Respondents Pamela Bondi, Drew Bostock, Kristi Noem, United States Department of Homeland Security (Lambert, Michelle) (Entered: 08/25/2025)
Main Document: Response to Objections to R&R
#28
Sep 08, 2025
ORDER RE 25 REPORT AND RECOMMENDATION. Respondents' motion to dismiss (Dkt. 11 ) is GRANTED IN PART as to the claims of Petitioners Cardozo, Boulhjar, Fernandes, and Belhaj, and DENIED IN PART as to the claims of Petitioner Khadaj. The petition for writ of habeas corpus (Dkt. 1 ) filed by Mouloud Ben Khadaj is GRANTED. Mr. Khadaj's ongoing detention under 8 U.S.C. § 1225(b) without an individualized bond hearing violates the Due Process Clause of the Fifth Amendment to the United States Constitution. Respondents shall therefore release Mr. Khadaj from detention unless, within 14 days of this Order, Respondents provide Mr. Khadaj an individualized bond hearing. Signed by District Judge Tiffany M. Cartwright. (MW) (Entered: 09/08/2025)
Main Document: Order on Report and Recommendation
#29
Sep 08, 2025
JUDGMENT BY COURT. Respondents' motion to dismiss (Dkt. 11 ) is GRANTED IN PART as to the claims of Petitioners Cardozo, Boulhjar, Fernandes, and Belhaj, and DENIED INPART as to the claims of Petitioner Khadaj. The petition for writ of habeas corpus (Dkt. 1 ) filed by Mouloud Ben Khadaj is GRANTED. Mr. Khadaj's ongoing detention under 8 U.S.C. § 1225(b) without an individualized bond hearing violates the Due Process Clause of the Fifth Amendment to the United States Constitution. Respondents shall therefore release Mr. Khadaj from detention unless, within 14 days of this Order, Respondents provide Mr. Khadaj an individualized bond hearing that complies with the requirements of Singh v. Holder, 638 F.3d 1196 (9th Cir. 2011). (MW) (Entered: 09/08/2025)
Main Document: Judgment by Court
#30
Dec 05, 2025
MOTION for Attorney Fees under Equal Justice to Access Act, filed by Petitioner Mouloud Ben Khadaj. Noting Date 12/26/2025, (Kang, Leila) (Entered: 12/05/2025)
Main Document: Attorney Fees
#31
Dec 05, 2025
DECLARATION of Leila Kang filed by Petitioner Mouloud Ben Khadaj re 30 MOTION for Attorney Fees under Equal Justice to Access Act (Attachments: # 1 Exhibit Costs & Fees, Timekeeping Entries)(Kang, Leila) (Entered: 12/05/2025)
Main Document: Declaration
#32
Dec 19, 2025
RESPONSE, by Respondents Pamela Bondi, Drew Bostock, Kristi Noem, United States Department of Homeland Security, to 30 MOTION for Attorney Fees under Equal Justice to Access Act. (Lambert, Michelle) (Entered: 12/19/2025)
Main Document: Response to Motion
#33
Dec 26, 2025
REPLY, filed by Petitioner Mouloud Ben Khadaj, TO RESPONSE to 30 MOTION for Attorney Fees under Equal Justice to Access Act (Kang, Leila) (Entered: 12/26/2025)
Main Document: Reply to Response to Motion
#34
Feb 05, 2026
ORDER GRANTING PETITIONER'S 30 MOTION FOR ATTORNEY'S FEES. Petitioner Khadaj is awarded fees and costs under the EAJA in the amount of $17,669.68. The judgment shall be amended to include the award in favor of Petitioner. Signed by District Judge Tiffany M. Cartwright. (JDM) (Entered: 02/05/2026)
Main Document: Order on Motion for Attorney Fees
#35
Feb 05, 2026
Supplemental JUDGMENT re 29 Judgment by Court. Judgment is entered in favor of Petitioner Khadaj and against Federal Respondents for attorney's fees and costs in the amount of $17,669.68. (JDM) (Entered: 02/05/2026)
Main Document: Amended Judgment